Live-in’s cousin tagged in Jap’s slay

By ANGELINE VALENCIA | October 4, 2009

In response to the request of the consulate-general of Japan in the Philippines, Governor Erico Aumentado and Ubay Mayor Eutiquio Bernales are set to negotiate with the funeral parlor in Ubay to lower the accumulated charges for funeral services for a Japanese murder victim.

The billing reportedly reached P250,000 already as of September 30.

After receiving the letter of the consulate-general of Japan in the Philippines on October 29, Aumentado immediately called Bernales to coordinate for the planned meeting with the management of the funeral parlor.

The consulate-general of Japan in the Philippines told the governor that he hoped the incident would not affect the relations of the two countries.

The Provincial Prosecution Office of Bohol recently recommended the filing of murder case against two Ubay residents in the death of a Japanese national.

One of the suspects, Joseph Cerelijia, is the cousin of the victim’s Filipina live-in partner, Juliet Dumduman of Ubay.

In a six-page resolution dated August 27, 2009 approved by Provincial Prosecutor Macario Delusa, Third Assistant Provincial Prosecutor Margie Tan-Alvaro recommended the filing of a murder case against Cerelijia, along with his accomplice Esmeraldo Chavez, who was his personal bodyguard.

Police Inspector John Gelbert Basalo of the Bohol Police Provincial Office will be filing the case before the Regional Trial Court based in Talibon.

Alvaro cited sufficient evidence to support probable cause in the involvement of Cerelijia and Chavez in the murder of Masaki Yushimura, Dumduman’s live-in partner.

Dumduman met Yushimura in Japan. Accompanied by him, she came home on July 14 this year, then nine months pregnant of their child. The couple agreed that she would deliver the baby in the Philippines.

Yushimura returned to Japan after one week, since his authorized leave from work was only good for that period. He came back on August 7, two days after Dumduman gave birth to their baby boy.

It was alleged that while she was having her siesta at around 2 pm on August 14, her elder sister, Sonia, woke her up to inform that Cerelijia, accompanied by his bodyguard, insisted to see her.

He forced Dumduman to talk to his sister, Bonifacia, who was in Japan then, through cellphone.

Sonia told Juliet that Cerelijia had flared up a while ago and even threatened to hit Yushimura.

Yushimura had told Cerelijia that Juliet, who was resting that time, should not be disturbed. But Cerelijia’s temper frightened them, so they decided to wake Juliet up.

So Juliet was able to talk with Bonifacia, who berated her for the alleged actuations of Yushimura and further told the former to stay away from and break up with Yushimura.

At around 8 pm that day, Juliet was at the kitchen, while Yushimura was boiling water when she suddenly heard two successive bursts of gunfire coming from the door near Yushimura’s location.

Juliet rushed to the location and saw Yushimura slumped on a wooden chair with blood dripping on his face.

She noticed two persons standing near Yushimura, the one at his right side was closer to the door with the same body build and profile as Cerelijia’s and was holding a firearm, while the other at his left was taller with medium build and was closer to the victim.

Juliet’s younger sister, Rosalyn, followed her outside and helped lift Yushimura. Juliet ran outside to seek help.

Some neighbors responded and helped bring Yushimura to the hospital where he later died due to the wounds he sustained.

Rosalyn Dumduman testified that on the night of August 14, she was washing dishes, Yushimura was boiling water at the dirty kitchen which door was facing the main kitchen that was lighted by a fluorescent lamp. That time, the door was open.

After a while, she suddenly heard a couple of loud bursts of gunfire from the rear portion of the kitchen. She immediately proceeded to the location and saw the bloodied Yushimura sitting.

About 15 meters away from her location, she saw Cerelijia and Chavez leaving the area, both bringing firearms.

She turned to Juliet to help lift Yushimura as the latter went out to ask for help.

Another witness, one Lito Garcia, who has been Cerelijia’s friend since childhood, testified that between 6 pm and 7 pm of August 14, he went to a nearby store to buy cigarette and while walking along the barangay road, he met the two suspects who were also heading towards the barangay road. A few minutes later, Garcia said, he heard an engine of motorcycle starting.

Then, he saw Yushimura about to fall on the ground as Rosalyn tried to hold him up.

Garcia said he was able to connect it to what he learned later that Yushimura was brought to the hospital but died.

The Philippine National Police-Ubay station and PNP-Bohol provincial command conducted an investigation on the incident.

The scene-of-the-crime operatives (SOCO) found one .45 caliber fired cartridge case and one fired bullet.

Based on the examination on the specimens by the Crime Laboratory, the empty shell was fired from a .45 caliber firearm.

Also submitted were the sketch and pictures of the crime scene.

The autopsy on Yushimura also showed that the victim died of gunshot wounds.

Also submitted as part of the evidence was the chemistry report on the paraffin tests conducted on the two suspects.

Cerelijia was found positive of gunpowder nitrates, while Chavez was found negative.

Cerelijia denied the allegations and came up with his own version of the story.

He said that, together with Chavez, he went to the house of his uncle Sulpicio Dumduman- -Juliet’s father, in the morning of August 14. Like in other days, it was expected of him to hang around his uncle’s house, he said.

While at the house of Juliet’s father, where she stayed, Cerelijia received a text message from his sister, Alejandra Cerelijia, informing him that his other sister, Bonifacia Hamamoto, who was based in Japan, wanted to talk with Juliet.

In the same occasion, Cerelijia also informed his uncle, Sulpicio, that the harvest of the fish would be in the evening.

At about 9:30 am of the same morning, he received a call through cellphone from Bonifacia, saying she wanted to talk to Juliet.

Sonia informed him that Juliet was sleeping and didn’t want to be disturbed. But Bonifacia insisted. Yushimura came out of the room and kept on signaling that he did not want Juliet to talk with Bonifacia

Offended, Bonifacia insisted on having Juliet in the line. So, the latter gave in. They talked for about 30 minutes.

Further in his version, Cerelijia said he went with Chavez to the fishpond of Allan Templa at around 5 pm. At 5:30 pm, they left and headed to the public market to buy fish then proceeded to barangay Fatima.

They dropped by Cerelijia’s house and informed his wife, Pilar, that they were going to Templa’s fishpond and would be right back.

At around 6:15 pm, they went back to the fishpond and stayed there until 11:30 pm.

The following day, Cerelijia said Pilar informed him that Yushimura was shot dead. The couple, their two kids and Chavez went to the house of the Dumandans to sympathize.

The investigating police officers were there. Cerelijia approached Rosalyn to sympathize.

At 11:45 am, Police Officer Butawan invited Cerelijia to his house where they had lunch together.

After lunch, Cerelijia said he approached PCInsp. Lorenzo Batuan to apologize for not having recognized him when they last met at the terminal in Tagbilaran City.

Upon Batuan’s invitation, they went to the police station. Cerelijia said that in the one hour that they were at the police station, they were not interrogated, so they asked permission to go home, but the police officer refused.

They were, instead, told to board the patrol car and it was there that they were informed that they were tagged in the killing of Yushimura.

Cerelijia said they were not informed of their constitutional rights, nor were they allowed to use their cellphones.

Chavez was asked by the police officer to surrender his firearm. So Chavez, escorted by three policemen, left to get his gun.

At 5:30 pm, they left for Tagbilaran City where they were subjected to paraffin test.

Cerelijia denied the allegation that he killed Yushimura and submitted affidavits of his witnesses to corroborate his version of the story.

Chavez did not submit a counter-affidavit.

But the provincial prosecutor found the defense of alibi as the weakest.

Alvaro explained that for the alibi to prosper, it is not enough for the respondent to prove that he was somewhere else when the crime was committed.

“He must likewise prove that he could not have been physically present at the scene of the crime or its immediate vicinity at the time of its commission. The acts before, during and after the crime clearly indicate a joint purpose, a unity of action and the concurrence of intent,” according to the assistant prosecutor. (with reports from Roger Balamad)